GUILTY FL - Phoebe Jonchuck, 5, dropped from 60' bridge, St Petersburg, 8 Jan 2015

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Randy Otto, forensic psychologist, associate chair of the Department of Mental Health Law & Policy at the University of South Florida.
https://www.tampabay.com/florida/2019/04/02/the-trial-of-john-jonchuck-day-11-getting-complicated/

LANE, ZACK AND JOSH (11:57 a.m.)
Several jurors are taking notes as Otto outlines his evaluation process. He explains competency evaluations as determining right now whether a person can go to court. But in this case he looked at insanity, analyzing Jonchuck’s mental state at the time of the killing.

“Somebody can be competent, but also insane, right?” asks Manuele.

“Yes,” says the psychologist. You can be doing well today, but that doesn’t speak to your mental state at the time of the incident, he says.

He interviewed Jonchuck three separate times, for 7 ½ hours total and administered psychological tests. Otto says people get tired, so he chose to do three separate interviews with Jonchuck instead of one long session — for his benefit and Jonchuck’s.

Before rendering his opinion, Otto says he also reviewed records from the Department of Children and Families, medical records, family law records, depositions of mental health professionals, phone and text logs, audio and video of Jonchuck’s interrogation, a Tampa Bay Times article about this case, and watched video-recorded press interviews from attorneys, friends, a priest, the mother of the deceased.

Otto outlines a multi-step process guided by the law for determining insanity. Note that his process mimics the jury instructions for considering insanity.

  1. Was a person experiencing mental illness at the time of the offense?
  2. If yes, were the symptoms such that the person did not understand the wrongfulness of their actions?
ZACK, LANE AND JOSH (11:34 a.m.)
Machlus is excused, and the defense calls its next expert witness, forensic psychologist Randy Otto, associate chair of the Department of Mental Health Law & Policy at the University of South Florida. He’s been there 29 years, he says.

The defense brings up its next witness, Randy Otto, associate chair of the Department of Mental Health Law & Policy at the University of South Florida. He’s been there 29 years.

Jessica Manuele leads the questioning for the defense.

Otto says he teaches courses in professional ethics and forensic psychology and does legal presentations for judges and attorneys.

In private practice, Otto says he does not provide therapy but works only on evaluating people involved in litigation — criminal or civil. The vast majority of the time, he says, those people are criminal defendants.

Otto frequently looks to jurors as he speaks about his qualifications. He sometimes talks with his hands, and his voice rises and falls. He’s keeping their attention, and it’s clear he’s been in this position before.

He estimates he’s published 50 or 60 articles. He focuses on interactions between the legal and mental health systems, and co-authored books on expert testimony, the law of Florida for mental health professionals. All this makes it pretty clear to jurors that he’s an expert; it may seem tedious but it suggests to them they should take his testimony seriously.

Otto lumps his court work into three baskets: Competence, evaluating someone’s mental state at or around the time of offense, and sentencing evaluations after someone pleads guilty or is found guilty by a jury.
[...]
 
The Trial of John Jonchuck Day 11: Getting complicated
ZACK, JOSH AND LANE (12:18 p.m.)
Otto says some people who experience these hallucinations deny them or try to ignore them. This repeats some of Machlus’ previous testimony.

The symptoms Jonchuck was experiencing, Otto says, were affecting his ability to understand his actions around the time he killed Phoebe.

Otto runs back through some of what the jury has already heard from lawyer Genevieve Torres about her meeting with Jonchuck hours before he killed Phoebe.

“I don’t think Phoebe was chanting,” Otto says.

“All of that is operating and affecting his understanding of the nature and consequences of his behavior,” Otto says.

In response to another question from Manuele, he says that mental disorder does not prohibit people from functioning. It’s still possible to eat, drive and communicate.

“Not everyone who suffers from severe and persistent mental illness is in a hospital bed,” he says.

Go to downtown St. Petersburg or Tampa, and look at people who are homeless, Otto says. A subset of those people have severe mental illness. They’re impaired, but they’re asking for food or money and getting dressed. “They’re getting by, barely, but they’re getting by,” he explains.
[...]
The questioning moves on to the moment Jonchuck dropped Phoebe from the Dick Misener Bridge.

“He committed a terrible offense right in front of the officer’s eyes,” Otto says. “My understanding is that a gun was trained on him.”

Otto says he saw no indication in his research that Jonchuck was on drugs at the time of Phoebe’s death.

Manuele asks if Otto thinks Jonchuck is making his symptoms up. The psychologist administered a test on Jonchuck that identifies when people are exaggerating certain kinds of impairments or impaired thinking.

“He’s not faking is my opinion,” Otto replies. “He’s not malingering, exaggerating or fabricating impairment to avoid some kind of negative outcome... or get some sort of external reward.”

We expect Dr. Emily Lazarou, a forensic psychiatrist who will testify for the prosecution, to say that Jonchuck is malingering his symptoms.

When Otto tested Jonchuck, he says, he conducted one assessment to determine if Jonchuck was exaggerating symptoms. It showed that at the time of the interview, Jonchuck was not exaggerating “symptoms of psychosis.”
 
TRIAL DELAY:
Defense is raising concerns about Jonchuck’s mental state. They want a competency evaluation.
Helinger appoints the court doctor to evaluate Jonchuck’s competency.
Jill Poorman, a court psychologist, may now evaluate Jonchuck’s competency this afternoon.
If she finds he is incompetent, the trial cannot proceed.

The Trial of John Jonchuck Day 11: Competency questions halt the trial
LANE, JOSH AND ZACK (2:49 p.m.)
[...]
Helinger is looking down as Manuele talks.

Today, Manuele continues, Jonchuck wrote a note to Jane McNeill, another public defender, saying he heard the morning witness, forensic psychologist Randy Otto, mention “Emily.” That’s Dr. Lazarou’s name, but she’s not here, and Otto didn’t testify about Lazarou, and would not have mentioned her by first name, Manuele said. After lunch, Jonchuck told his public defenders that he recalled Lazarou sitting on the bench behind the prosecution in the courtroom yesterday. This trial was not happening yesterday.

Jonchuck was insistent yesterday he saw Dr. Lazarou in the first row mumbling something at him.

“He also today has been displaying inappropriate laughter, which is a symptom we’ve come to recognize sometimes when he does appear to be losing touch,” Manuele says.

“When we questioned him about that, he indicated it was because we were saying things to make him laugh. We have not. He is insisting that he’s completely fine, and that he’s not hallucinating, these are things that actually happened. But we have some concerns.”

A circuit court doctor is in the courtroom listening.

“We’ll go from here and see what happens,” Ellis, a prosecutor says.

Helinger appoints the court doctor to evaluate Jonchuck’s competency.

Helinger sighs, “Okay. Anything else we need to do?”

No.

It’s unclear how long this will take. We’ll have more answers by the evening, though. Jill Poorman, a court psychologist, may now evaluate Jonchuck’s competency this afternoon.

If she finds he is incompetent, the trial cannot proceed. It’s unclear what that would mean for the case. We will update here as we can.

LANE, JOSH AND ZACK (2:42 p.m.)
Manuele is walking through a series of what she has deemed concerning reports about Jonchuck hearing things that are not real.

On March 18, he told them that the night before he had heard Dr. Lazarou, one of the prosecution’s experts, in the Pinellas County Jail making disparging remarks about Manuele. Lazarou was not at the jail that night.

On March 19, Manuele says, Jonchuck reported hearing prosecutor Doug Ellis say something no one else had heard.

Last week, Jonchuck told his lawyers he’d heard jurors talking about him during a bench conference, saying there was no way they would accept a not guilty by reason of insanity plea and wouldn’t even listen to doctors. Friday, when court broke for the day, Manuele says, Jonchuck claimed to have heard a juror say “I hope he believes in redemption.”

Today, Manuele continues, Jonchuck wrote a note to McNeill, another public defender, saying he heard something about Emily. That’s Dr. Lazarou’s name, but she’s not here. After lunch, he told his public defenders something about court yesterday. This trial was not happening yesterday.

Jonchuck was insistent yesterday he saw Dr. Lazarou in the first row mumbling something at him.

“He also today has been displaying inappropriate laughter, which is a symptom we’ve come to recognize sometimes when he does appear to be losing touch,” Manuele says.

“When we questioned him about that, he indicated it was because we were saying things to make him laugh. We have not. He is insisting that he’s completely fine, and that he’s not hallucinating, these are things that actually happened. But we have some concerns.”

JOSH, ZACK AND LANE (2:34 p.m.)
The defense is raising concerns about Jonchuck’s mental state. They want a competency evaluation. This could stop the trial for now.
 
This TampaBay.com reporters blog is the next best thing to sitting in the courtroom!
The Trial of John Jonchuck Day 11: Competency questions halt the trial

JOSH (4:15 p.m.)
Helinger returns to the courtroom and announces that Tampa psychologist Richard Cipriano is going to evaluate Jonchuck tomorrow morning. Court will reconvene when he is ready to make his oral report. If he is found incompetent, the judge could hold a competency hearing or appoint a third expert to evaluate Jonchuck.

With that, court is over for the day.

ZACK AND JOSH (4:04 p.m.)
Helinger comes back into the courtroom and says she has found an expert, Dr. McClain, to come perform a second evaluation. She informed the lawyers McClain would be at the jail in an hour to evaluate Jonchuck.

One problem: The defense has already had Valerie McClain, a psychologist, meet with Jonchuck. The jail log shows McClain met with Jonchuck about noon yesterday.

Therefore, McClain is ineligible to serve as a court-appointed psychologist in this case.

Helinger leaves the bench to go find someone else.

LANE, ZACK AND JOSH (3:52 p.m.)
All the lawyers gather at the judge’s bench while the prosecutors flip through a thick law book.

“I’m thinking to let the jurors go for the day, as opposed to making them wait for more than an hour,” says the judge. She excuses the court psychologist, and brings the jurors back in. Defense waives Jonchuck’s presence in court.

The jurors come back in, 2.5 hours after they were supposed to return from lunch, wearing their red JUROR name tabs and carrying yellow legal pads and pens.

“There’s two pieces of negative news and one piece of positive news,” says the judge. “My apologies for how long the break was, it was totally unavoidable. We’re going to return at 1 p.m. tomorrow. The positive is you get to leave now.”

“It was totally unavoidable,” the judge explains, apologizing for how long the break was.

She tells the jurors to expect a 1 p.m. start time on Wednesday, unless the Sheriff’s Office calls and tells them to arrive even later. She then dismisses the jurors for the day.

After the jury leaves, Helinger tells the lawyers she is going to appoint another doctor to check for competency. She’s going back to her office to look for a mental health expert to do that now.

Apparently we are not through with the competency check.

JOSH, ZACK AND LANE (3:37 p.m.)
With Jonchuck out of the courtroom, Poorman, the court psychologist, addresses the lawyers and judge. Jonchuck, she says, has taken all of his dosages at the jail except for missing a constipation medication. He is due to receive another injection of Haldol, a psychotropic drug he takes both orally and by shot, on April 11.

“Based upon my evaluation of Mr. Jonchuck, my analysis is he is still competent,” Poorman tells the judge.
 
Wednesday, April 3rd:
*Trial continues (Day 7) (@ 1pm ET) – FL – Phoebe Jonchuck (5) (Jan. 18, 2015, St. Petersburg-thrown off 62’ bridge into Tampa Bay by her father) – *John Nicolas Jonchuck, Jr. (25/now 28) arrested & charged (1/18/15) with 1st degree murder, aggravated assault with a vehicle on LE officers & aggravated fleeing & eluding police. Plead not guilty by reason of insanity. Held without bond.
Jury trial started 3/25/19. Jurors: 4 women & 8 men (alternates: 1 man & 3 women). Jurors may ask witnesses questions. (Trial could take at least one week. General hours are going to be 9am until 7pm).
Jury Selection Day 1 (3/18/19) thru Day 5 (3/22/19) reference post #218 here:
FL - Phoebe Jonchuck, 5, dropped from 60' bridge, St Petersburg, 8 Jan 2015 *Arrest*
Trial Day 1 (3/25/19) thru Day 3 (3/27/18) reference post #357 here:
FL - Phoebe Jonchuck, 5, dropped from 60' bridge, St Petersburg, 8 Jan 2015 *Arrest*

3/28/19 Day 4: Defense witness: Genevieve Torres, a custody lawyer. Fr. Bill Swengros of St. Paul Catholic Church in Tampa. Valerie Mallory, receptionist at Lake Magdalene United Methodist Church in North Tampa. Dr. Jose Hernandez, Pinellas County Jail psychiatrist. Dr. George Randall Williams, psychiatrist, also certified in general and forensic psychiatry, who works at the No. Florida Evaluation & Treatment Center in Gainesville. Heather Davis works as counseling & social services supervisor at the same No. Florida treatment center. Trial continues to 3/29.
3/29/19 Day 5: Defense witnesses: Michele Jonchuck (John's mother). Dr. Scot Machlus, psychologist (his practice is in forensic psychology). Trial continues on Tuesday, 4/2.
4/2/19 Day 6: One of the jurors had said during jury selection that he lives in Trinity. But his address is Palm Harbor on the jury sheet. The clerk then did some research, & the juror’s driver’s license address was changed in December to Trinity. That means the juror lives in Pasco County. This trial is happening in Pinellas County. They are wondering why he got a jury summons. The judge says there’s really not a good answer. If Jonchuck is convicted, Helinger says, this will become an issue for the appeals court. She asks the lawyers to consider whether they want to put on an alternate juror. There are already 16 people on this panel, which means four alternates available. Both the prosecutors and the defense want to think about it, but they expect to have an answer this morning.
Defense witnesses: Dr. Scot Machlus, psychologist. Randy Otto, forensic psychologist. The defense is raising concerns about Jonchuck’s mental state. They want a competency evaluation. This could stop the trial for now. Helinger appoints the court doctor to evaluate Jonchuck’s competency. Jill Poorman, a court psychologist, may now evaluate Jonchuck’s competency this afternoon. If she finds he is incompetent, the trial cannot proceed. Judge tells jurors to return at 1 p.m. tomorrow, 4/3. Helinger returns to the courtroom & announces that Tampa psychologist Richard Cipriano is going to evaluate Jonchuck tomorrow morning. Court will reconvene when he is ready to make his oral report. If he is found incompetent, the judge could hold a competency hearing or appoint a third expert to evaluate Jonchuck.


 
The Trial of John Jonchuck Day 12: Can the trial continue?
April 3, 2019
After hours of continuing expert testimony, the murder trial of John Jonchuck hit a snag Tuesday.

Public defenders said Jonchuck has been hearing things since before jury selection even began. They worry he is not fit to stand trial.

The judge kept the jury out of the courtroom for hours. A court psychologist evaluated Jonchuck and came back saying she believes he is competent.

He received many months of treatment at a state facility before being found competent to stand trial the first time. Another psychologist is expected to evaluate Jonchuck early Wednesday, the future of the trial hanging in the balance.
 
The Trial of John Jonchuck Day 12: With competency confirmed, the case goes on
JOSH, ZACK AND LANE (4:55 p.m.)
That’s it for the day. On his way out of the courtroom for the last time today, Jonchuck waved goodbye to his lawyer, Jessica Manuele. Court will reconvene at 9 a.m.

LANE, ZACK AND JOSH (4:48 p.m.)
The defense calls St. Petersburg police Sgt. Kenny Miller to the stand, who testified last week and was the detective investigating Phoebe’s death.


LANE, ZACK AND JOSH (1:18 p.m.)

Randy Otto, a USF psychologist, takes the stand to continue expert testimony he started yesterday afternoon.

LANE AND ZACK (1:15 p.m.)
Exactly 24 hours after testimony was supposed to resume following lunch yesterday, the trial of John Jonchuck moves forward.


LANE, JOSH AND ZACK (12:42 p.m.)

Jonchuck and the jurors aren’t in the courtroom.
Now the decision:
“He’s competent as to all six statutory criteria,” says the judge. “I find him competent to stand trial.”
Court will resume at 1:15 p.m. when the jurors come back, and Otto, the psychologist who started testifying yesterday, will take the stand again.

JOSH, ZACK AND LANE (12:33 p.m.)
The psychologist, Richard Cipriano, is running through exactly what questions he asked Jonchuck and Jonchuck’s answers.

LANE, ZACK AND JOSH (11:32 a.m.)
This morning, a court psychologist is evaluating John Jonchuck to see if he’s mentally competent to stand trial on a charge he murdered his 5-year-old daughter, Phoebe.

 
Thursday, April 4th:
*Trial continues (Day 8) (@ 9am ET) – FL – Phoebe Jonchuck (5) (Jan. 18, 2015, St. Petersburg-thrown off 62’ bridge into Tampa Bay by her father) – *John Nicolas Jonchuck, Jr. (25/now 28) arrested & charged (1/18/15) with 1st degree murder, aggravated assault with a vehicle on LE officers & aggravated fleeing & eluding police. Plead not guilty by reason of insanity. Held without bond.
Jury trial started 3/25/19. Jurors: 4 women & 8 men (alternates: 1 man & 3 women). Jurors may ask witnesses questions. (Trial could take at least one week. General hours are going to be 9am until 7pm).
Jury Selection Day 1 (3/18/19) thru Day 5 (3/22/19) reference post #218 here:
FL - Phoebe Jonchuck, 5, dropped from 60' bridge, St Petersburg, 8 Jan 2015
Trial Day 1 (3/25/19) thru Day 3 (3/27/18) reference post #357 here:
FL - Phoebe Jonchuck, 5, dropped from 60' bridge, St Petersburg, 8 Jan 2015
Trial Days 4 (3/28/19) thru Day 6 (4/2/19) reference post #287 here:
FL - Phoebe Jonchuck, 5, dropped from 60' bridge, St Petersburg, 8 Jan 2015

4/3/19 Day 7: Richard Cipriano, court psychologist evaluated Jonchuck. “He’s competent as to all six statutory criteria,” says the judge. “I find him competent to stand trial.” Court resumed at 1:15 p.m. when the jurors came back, and Randy Otto, a USF psychologist, who started testifying yesterday, took the stand again. Other Defense witness: St. Petersburg police Sgt. Kenny Miller. Court continues on 4/4.
 
The Trial of John Jonchuck, Day 13: The defense wraps its case
April 4, 2019
Public defenders representing John Jonchuck plan to call a final expert witness, a doctor, who is expected to testify today that Jonchuck was insane when he dropped his daughter off a bridge in 2015.

After psychiatrist Michael Maher’s testimony, the defense will likely wrap its case. They have conceded in their arguments that Jonchuck killed 5-year-old Phoebe but have leaned on mental health specialists who evaluated the now 29-year-old and determined that he did not know what he was doing that night was wrong.

The prosecution, which last week laid out the facts of the case over several days of testimony, mostly from law enforcement officers, will then get a chance to rebut the defense’s insanity claim. They are expected to bring two other mental health experts to the stand, who have said Jonchuck was not insane when he killed Phoebe.
[...]
 
The Trial of John Jonchuck, Day 13: Watch as the defense wraps its case
ZACK (12 p.m.)
That last bit from Maher was probably the clearest distillation we’ve had yet of the defense’s case. He spoke directly to the criteria for a not guilty by reason of insanity defense in Florida. Jonchuck, he said, was unaware of the difference between life and death, and thus the reality of how wrong it was to kill his daughter.

Of course, prosecutors will still have a chance to cross-examine him. But jurors go to lunch with that last exchange in their heads.

LANE AND JOSH (11:55 a.m.)
McNeil asks the psychiatrist if he formed an opinion about Jonchuck’s mental state on the night he dropped Phoebe from the bridge.

“Given the standards in Florida and his condition, it is my opinion that he meets the criteria for insanity,” Maher says. “He was not aware in any criminal way of the nature and consequences of his actions.”
 
I attended trial this morning. Jurors consistently attentive. Intriguing expert testimony of Psychiatrist Michael Maher.

Here are some interesting details of
previous murder cases, provided by TampaBay.com, about the overlap and differing opinions of experts:
The Trial of John Jonchuck, Day 13: Watch as the defense wraps its case

ZACK, JOSH AND LANE (12:02 p.m.)
Some context for this testimony to read over lunch:

Several of the mental health experts in the Jonchuck trial are familiar in Tampa Bay courts.

Maher testified in 2014 in another high-profile murder case, that of Julie Schenecker, who shot and killed her two children. In that case, he similarly said he believed Schenecker was insane. You can read about his testimony in that trial here.

Randy Otto, the USF psychologist we heard from yesterday, also was involved in the Schenecker case, but he contended she was not insane at the time of the killing.

Schenecker was ultimately convicted of first-degree murder.

Maher and Otto also had differing opinions in 2012 regarding the competency of a woman accused of killing lottery winner Abraham Shakespeare.

They agree, though, in their assessments that Jonchuck was insane when he killed Phoebe.

Scot Machlus, the first psychologist for the defense, has been quoted in past Times articles, too. He was involved in 2010 in the case of Tawnya Jo Hines, a woman he said was intellectually disabled who wrapped a newborn baby in a towel and put the child in a cabinet, where she died. Machlus said Hines understood the charges against her despite being in denial about the killing.

Peter Bursten, a psychologist who will testify for the prosecution and who has been sitting in the gallery during recent days of testimony, also was involved in the Hines case. He said she was not intellectually disabled.

Bursten also evaluated a Hernando teen who stabbed his mother’s boyfriend to death, saying the boy had a mental illness that made him feel inadequate.

We’ve written extensively about the prosecution’s other expert, psychiatrist Emily Lazarou, and her involvement in previous cases.

This all is not very surprising. Forensic psychology and psychiatry are specialized fields, and there are only so many people in the area who do this work. These witnesses already have been in court and been deemed qualified to perform evaluations in major criminal cases.

Prosecutors and public defenders also get acquainted with certain experts and lean on them for evaluations. That’s especially important for prosecutors, who by the rules of evidence need to turn over exculpatory information. That means if they bring in an expert who has a finding contrary to their case, they must turn over that evidence to the defense.

The Schenecker case, in particular, has clear overlap with some of the details of the Jonchuck trial, and it perhaps should not be surprising to see crossover experts.

The doctors often chat with each other while they wait just outside the courtroom to testify.
 
Juror adminstrative snag resolved:
The Trial of John Jonchuck, Day 13: Watch as the defense wraps its case

ZACK AND JOSH (9:15 a.m.)
Before the jurors are brought into the courtroom, the judge asks the lawyers what they want to do about the juror who doesn’t actually live in Pinellas County anymore. You might remember the other day she said the man lives in Trinity, in Pasco County, and moved there in December. She said she could find no real good answer for why he got a summons.

The defense lawyers are conferencing on that now. Prosecutor Doug Ellis has said it’s not a constitutional issue.

Public defender Greg Williams stands up and says the defense does not think there’s anything to do with the non-Pinellas juror other than let him go and replace him with an alternate.

“I don’t think it’s necessary,” Ellis says, but prosecution will not oppose.

The man is brought in. He’s bearded and wears sunglasses around his neck, holding a coffee cup in his hand. Helinger asks him how he’s doing; he says fantastic.

She then says he needs to be let go because of the address issue. She tells him she heard him say he was from Trinity during jury selection but thought maybe part of the area was in Pinellas County. “It’s Pasco,” he says.

“How did you get your summons?” Helinger asks.

“In the mail,” he says.

“I think you’re a fabulous juror,” Helinger says, explaining she’s watched him take notes. But this could become an appellate issue if Jonchuck is convicted.

“You can now read about it and talk about it,” the judge says.

“That’s great,” the juror says. “And now I can talk to my wife.”

As the juror walks out, Helinger says “I wish I could give you a gift card or something.”
 
Juror questions for Dr Maher:
The Trial of John Jonchuck, Day 13: Watch as the defense wraps its case

JOSH AND LANE (2:49 p.m.)
One juror has tried several times to ask a question to Maher, and at least twice Judge Helinger has asked him to write it down. He presses on, trying to talk directly to Maher, until the judge cuts him off for fear he was going to ask a question that could prejudice the jury.

It’s “dangerous if you become a lawyer,” the judge says.

Now he’s writing the question down. The judge reads it aloud: Is it possible that you can pre-conceive a murder in your sane mind, but then be psychotic when you do it? Yes, says Maher.

LANE (2:48 p.m.)

After Ellis finishes cross-examining the psychiatrist, jurors send a stack of yellow slips of paper with their questions to the judge:

Does John have multiple personalities disorder? No, says the psychiatrist.

Can a person who suffers from Mr. Jonchuck’s psychotic condition still kill his daughter without experiencing the episode at the exact time of the event? “I don’t think this is a question that modern medicine can answer,” says Maher.

Possession? Exorcism? Religious belief or delusion? “It’s very important to respect that very intense, strong religious beliefs can look like false beliefs, like delusions. But in this case, I’m very confident that the Swedish Bible knocking are psychotic breaks, not religious beliefs,” says Maher.

Did any of the drugs Jonchuck was using cause hallucinations or flashbacks? “No. These are not drugs that have any reasonable medical possibility of causing flashback hallucinations that would have occurred significantly after the drug use.” But if he was taking pills he wasn’t prescribed, a juror persists, who would you know what they might cause? If he wasn’t impaired at the time of the incident, that probably wouldn’t matter, Maher answered.


This is confusing. No one ever drug tested Jonchuck. So how could they know he wasn’t on drugs or impaired that night on the bridge? Other people who have smoked spice beat a family with baseball bats, strangled and ate a spaniel and screamed that they were being chased by demons. Jonchuck’s friends said he also smoked so much meth that his fingers were charred from holding the small glass pipe.
 
Technical legal dispute - to be resolved Friday morning:
JOSH (5:45 p.m.)
The judge called it for the night, and the lawyers have their homework to do. Thanks for keeping up today. Court begins tomorrow at 9:30 a.m., when we expect to hear more arguments on the discovery issue surrounding Malcolm’s testimony.

JOSH AND ZACK (5:18 p.m.)
We’re in the middle of a technical legal dispute right now about whether Malcolm will be allowed to testify in front of the jury.

Jonchuck’s lead counsel, Jessica Manuele, is now arguing that admitting Malcolm’s testimony would be against the rules of evidence. Manuele said defense lawyers were not notified that prosecutors were going to be calling Malcolm, and that she would be testifying about statements Jonchuck made the day before he dropped Phoebe.

If we understand Manuele correctly, the rules of evidence say that prosecutors must alert the defense if they plan to introduce statements made by the defendant. Plus, Manuele says, now that the defense has rested its case, it cannot go back and have its experts testify about the statements Malcolm may make about her interaction with Jonchuck.

One of those statements from Malcolm -- her recollection of Jonchuck saying, “If I can’t have her, no one else will.” — is clearly damning for the defense.

“There is no way to fix this prejudice now,” Manuele argues.

Prosecutor Doug Ellis argues that he and his colleague, Paul Bolan, did not have access to Malcolm until the middle of the trial, and they notified defense lawyers that she would testify, before the defense had rested its case.

The judge says she doesn’t believe the prosecutors were intentionally deceptive, though she said it was technically a violation in the discovery process.

Bolan and Ellis pace around the prosecution table. Manuele stands up to talk then sits down, over and over. Helinger puts her head in her hand.

Malcolm is still sitting on the witness stand, swiveling slightly in her chair.

Helinger offers to let her go. “I’m already in this,” she says. Malcolm seems interested in the argument, as a paralegal. Someone from the defense’s side pipes up: “Continuing legal education.”
 
Witnesses today - Paige Parish, Jim Jones, Dr. Michael Maher, Kyrsten Malcolm.
The Trial of John Jonchuck, Day 13: Watch as the defense wraps its case
April 4, 2019

JOSH AND ZACK (4:11 p.m.)
Court resumes with news the defense has rested its insanity case. The prosecution calls its first rebuttal witness, Kyrsten Malcolm, 23, former paralegal to family attorney Genevieve Torres, whom Jonchuck was trying to hire to represent him in his custody dispute over Phoebe.

ZACK AND LANE (10:09 a.m.)
Dr. Michael Maher is the next witness for the defense. He is their last expert. After Maher, the public defenders will wrap their case.

Maher wears glasses, a gray suit and colorful tie. His microphone is off initially and it’s hard to hear him as he explains he’s a psychiatrist who graduated from New College in Sarasota before University of South Florida to get his MD.

He’s worked at USF for 30 years and had a private practice since 1983.

Maher says he’s a certified forensic psychiatrist.

LANE (9:46 a.m.)
The next witness is Jim Jones, who is a registered nurse and administrative nursing supervisor with the Pinellas County Sheriff’s Office and works at the Pinellas County Jail.

JOSH, ZACK AND LANE (9:43 a.m.)
The defense’s first witness of the morning is Assistant Public Defender Paige Parish, a colleague of Jonchuck’s defense team. She was the court appointed public defender who represented Jonchuck during his first appearance in court. She’s been at the office for 10 years.
 
Technical legal dispute - to be resolved Friday morning:
JOSH (5:45 p.m.)
The judge called it for the night, and the lawyers have their homework to do. Thanks for keeping up today. Court begins tomorrow at 9:30 a.m., when we expect to hear more arguments on the discovery issue surrounding Malcolm’s testimony.

JOSH AND ZACK (5:18 p.m.)
We’re in the middle of a technical legal dispute right now about whether Malcolm will be allowed to testify in front of the jury.

Jonchuck’s lead counsel, Jessica Manuele, is now arguing that admitting Malcolm’s testimony would be against the rules of evidence. Manuele said defense lawyers were not notified that prosecutors were going to be calling Malcolm, and that she would be testifying about statements Jonchuck made the day before he dropped Phoebe.

If we understand Manuele correctly, the rules of evidence say that prosecutors must alert the defense if they plan to introduce statements made by the defendant. Plus, Manuele says, now that the defense has rested its case, it cannot go back and have its experts testify about the statements Malcolm may make about her interaction with Jonchuck.

One of those statements from Malcolm -- her recollection of Jonchuck saying, “If I can’t have her, no one else will.” — is clearly damning for the defense.

“There is no way to fix this prejudice now,” Manuele argues.

Prosecutor Doug Ellis argues that he and his colleague, Paul Bolan, did not have access to Malcolm until the middle of the trial, and they notified defense lawyers that she would testify, before the defense had rested its case.

The judge says she doesn’t believe the prosecutors were intentionally deceptive, though she said it was technically a violation in the discovery process.

Bolan and Ellis pace around the prosecution table. Manuele stands up to talk then sits down, over and over. Helinger puts her head in her hand.

Malcolm is still sitting on the witness stand, swiveling slightly in her chair.

Helinger offers to let her go. “I’m already in this,” she says. Malcolm seems interested in the argument, as a paralegal. Someone from the defense’s side pipes up: “Continuing legal education.”

Ouch! If the prosecution broke the rules of discovery then letting Malcolm testify may very well open the door for an appeal if Jonchuck is found guilty. Of course a higher court could find that it didn't impact the outcome substantially enough for a retrial.

So while we wait for a decision it seems pretty damning that Jonchuck said “If I can’t have her, no one else will” as it points more to a revenge killing than a moment of insanity. Just guessing I think the defense was aware of the statement so apart from a broken rule would their experts change their minds if they knew?

If anything it seems that it could sway the defense experts to at least consider that Jonchuck wasn't insane. OTOH, all his statements to Malcolm would also be open for examination (I think), including Jonchuck saying he thought Phoebe was his father's child, not his though he later called back and said he knew Phoebe was his child.
[URL="https://www.tampabay.com/florida/2019/03/28/the-trial-of-john-jonchuck-day-9-the-defense-introduces-insanity/"]The Trial of John Jonchuck Day 9: Watch as the defense introduces insanity[/URL]
The Trial of John Jonchuck, Day 13: Watch as the defense wraps its case

I don't know, my gut says Jonchuck knew what he was doing when he threw Phoebe off the bridge and that it was partly due to anger and/or frustration over the custody issue and partly due to an inability to control his impulses, neither of which points to insanity.

But I'm not a professional so hopefully all the expert witnesses are being straight and unbiased in their evaluations. Certainly if he's insane then he should be in a mental facility and not prison. I'm just not seeing the evidence pointing strongly in that direction. All MOO.

Ugh, so confusing. Thanks, SeesSeas for being on top of the trial and reporting to us!!
 

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